Bill · S. 5319· Senate(119-S-5319)
Nurse Overtime and Patient Safety Act
- Introduced
- 8/6/2026
- Last activity
- 8/6/2026 — Read twice and referred to the Committee on Finance.
- Sponsored by
- Jeff Merkley
- Cosponsors
- - 3 - 0
- Introduced
- In Committee
What this bill would do
The Nurse Overtime and Patient Safety Act seeks to amend the Social Security Act to protect patients by limiting mandatory overtime for nurses. It prohibits healthcare providers receiving Medicare payments from requiring nurses to work beyond a scheduled shift, more than 48 hours a week, or more than 12 consecutive hours in a 24-hour period. The bill establishes exceptions for declared emergencies or disasters under specific conditions. It also includes whistleblower protections, nondiscrimination provisions, and requirements for providers to post policies and schedules. Additionally, the Act mandates studies to establish safe working hour standards and to review overtime practices in federally operated medical facilities.
Yes· 3 of 10
Would union members be better off under this?+6
The bill provides strong protections against retaliation for nurses refusing mandatory overtime.
Does this help veterans get medical care?+5
The bill mandates a specific study on overtime practices in federally operated medical facilities including the VA.
Does this make health care easier to get in general?+5
Improving patient safety through reduced nurse fatigue can improve the quality of care access.
The opposite
Would business owners be better off under this?-3
The bill imposes new labor restrictions and potential civil money penalties on healthcare providers.
Who it would affect, and how
Potential Positive Impacts for People
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Increased Patient Safety: The bill aims to improve patient safety by addressing nurse fatigue, poor sleep quality, and lack of alertness which can lead to medical errors (Section 2).
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Nurse Protections against Overwork: Providers are prohibited from requiring nurses to work in excess of a previously scheduled shift, more than 48 hours in a workweek, or more than 12 consecutive hours in a 24-hour period (Section 3(a)(1)(A)).
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Job Security and Fair Treatment: The act provides protections against retaliation, stating that a provider cannot terminate, penalize, or discriminate against a nurse for refusing mandatory overtime or reporting violations (Section 3(a)(4)).
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Whistleblower Rights: Nurses are granted the right to file complaints with the Secretary regarding violations of these overtime provisions (Section 3(a)(3)(A)).
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Transparency in Scheduling: Providers are required to regularly post nurse schedules and must develop clear, written policies regarding mandatory overtime (Section 3(a)(5)).
Potential Negative Impacts for People
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Reduced Staffing Flexibility during Emergencies: While there are exceptions, a provider's ability to require overtime during a declared emergency or disaster is subject to specific limitations and must meet strict criteria (Section 3(a)(2)).
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Potential Impact on Service during Emergencies: The bill limits the use of mandatory overtime even during emergencies unless the provider has made reasonable efforts to fill needs through alternative means and there is potential harm to an assigned patient (Section 3(a)(2)(B)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Healthcare
- Improves Healthcare Access+5Improves Veterans Healthcare+5Improves Pandemic Preparedness+2
- Governance And Ideology
- Improves Government Transparency+5Increases Federal Power+4
- Demographic And Interest Groups
- Good For Union Workers+6Good For Veterans+5Good For Business Owners-3
- Economy And Finance
- Improves Consumer Protection+4Improves Union Protections+3
- National Security And Foreign Policy
- Improves Veterans Benefits+5
- 8/6/2026
- Read twice and referred to the Committee on Finance.
- 3 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
John FettermanDemocrat · Pennsylvania
Adam SchiffDemocrat · California
Chris Van HollenDemocrat · Maryland